Lake County Bar Ass'n v. Rozanc
132 Ohio St. 3d 114
Ohio2012Background
- Rozanc is a suspended Ohio attorney (license suspended in 2009; registration suspension also in effect).
- Relator Lake County Bar Association filed a February 14, 2011 complaint alleging fraud in probate and concealment of estate assets.
- The complaint concerns a final accounting for the Richard L. Kariher estate that misstated distributions and included a forged guardian signature.
- Rozanc did not answer the complaint; a master commissioner found the allegations proved by clear and convincing evidence and identified violations of Prof.Cond.R. 8.4(a),(b),(c),(d).
- The Board of Commissioners on Grievances and Discipline recommended indefinite suspension; the Court adopted the findings and imposed indefinite suspension with costs taxed to Rozanc.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rozanc’s conduct warrants professional-discipline sanctions. | Relator argues serious misconduct (fraud, deceit, dishonesty) violated Prof.Cond.R. 8.4. | Rozanc’s position not detailed in the opinion. | Indefinite suspension warranted. |
| Whether the appropriate sanction is indefinite suspension given aggravating/mitigating factors. | Aggravating factors (dishonest motive, pattern of misconduct, harm to a vulnerable beneficiary) support indefinite suspension. | Mitigating factor (restitution) acknowledged; other factors weigh against lesser sanction. | Aggravating factors outweigh mitigating factor; indefinite suspension imposed. |
Key Cases Cited
- Disciplinary Counsel v. Saumer, 86 Ohio St.3d 312 (1999-Ohio-124) (indefinite suspension case involving neglect and concealment of estate)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (aggravating factors support discipline; used in sanction reasoning)
